P.T. JOSEPH Vs. KANAKAM

JUDGEMENT

(1.) THIS Civil Revision Petition at the instance of the additional 2nd decree holder impugns an order passed by the executing court by which that court has accepted the contention raised by the judgment-debtors that they have paid a sum of Rs. 75,000/- out of court in full settlement of the decree-debt. A resume of the facts is given below.

(2.) THE decree in question is a simple money decree passed in favour of a partnership firm by name M/s. Sreyas Financiers represented by it then Managing Partner Mr. M.K. Divakaran Nair who is no more. The revision petitioner is the present Managing Partner of the said firm. Execution proceedings were initiated only after the demise of Sri M.K. Divakaran Nair.

(3.) THE decree-holder opposed by filing a detailed statement. According to the decree-holder, the firm had never received the amount covered by Ext. B1 and at any rate, the amount could not be given credit to since the same was not certified as required by Order XXI, Rule 2 C.P.C.